Supreme Court · 1958 INSC 45 · Decided 15 April 1958
Seth Ganga Dhar v. Shankar Lal & Others
- Court
- Supreme Court of India
- Citation
- 1958 INSC 45 · [1959] 1 S.C.R. 509
- Case number
- CIVIL APPEAL No. 150/1954
- Decided
- 15 April 1958
- Bench
- NATWARLAL HARILAL BHAGWATI, J.L. KAPUR, A.K. SARKAR (3-judge bench)
- Outcome
- Dismissed
- Case type
- Civil
Headnote
COURT R:mPOR'rS 509 SETH GANGA DHAR v. SHANKAR LAL & OTHERS (BHAGWATI, J. L. KAPUR and A. K. SARKAR JJ.) Morlgage-Mortgago-r's right to redeem-:-lnstrument prtJVidittg that mortgage shall not be redeemable for eightyfive years-Term, if a clog' on the equity of redemption-,-Pou·er of not only to relieve a mortgagor of a bargain whereby in certain circumstances his right to redeem the mortgage. is wholly taken :hvay, b.ut also where that right is restricted. The extent of this latter power is, however, limiteJi by the rea:Son that gave rise to it, namely, the unconscionable
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